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Patna High Court

Ganesh Kumar @ FekuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the prosecution failed to establish the essential ingredients of the SC/ST offences and therefore granted anticipatory bail, setting aside the earlier conviction order.

Summary

Ganesh Kumar and Subham Kumar were convicted by an exclusive special judge under several provisions of the Bhartiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act based on an FIR alleging molestation, assault and threats against a woman. The appellants contended they were falsely implicated, arguing the FIR lacked essential particulars such as the exact time, identification of the perpetrator, and the requisite knowledge of the victim's Scheduled Caste status, as well as the public‑place requirement for certain SC/ST offences. The Special Public Prosecutor maintained that at least Section 3(1)(w)(i) of the SC/ST Act was made out. The High Court examined the statutory ingredients, particularly the necessity of knowledge of caste and occurrence in a public place, and found them absent from the FIR. Consequently, the Court granted anticipatory bail to the appellants, set aside the earlier conviction order, and imposed standard bail conditions under the BNS, 2023.

Issues considered

  • Whether the allegations in the FIR satisfy the essential ingredients of Sections 3(1)(r), 3(1)(s) and 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the FIR discloses the requisite knowledge of the victim's Scheduled Caste status by the accused.
  • Whether bail can be granted under the Bhartiya Nyaya Sanhita, 2023 in view of the pending charges.
  • Whether the order of the exclusive special judge should be set aside.

Legislation cited

Subjects

  • anticipatory bail
  • Bhartiya Nyaya Sanhita
  • SC/ST Act
  • knowledge of caste
  • public place requirement
  • false implication
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4709 of 2025
                    Arising Out of PS. Case No.-139 Year-2025 Thana- MEHANDIGANJ District- Patna
                 ======================================================
           1.     Ganesh Kumar @ Feku Amarnath Mahto Resident of Ranipur Neemtal PS-
                  Mehdiganj PO- Jhauganj Patna City District- Patna Bihar
           2.    Subham Kumar @ Sujal S/o- Ranjan Kumar Resident of Ranipur Neemtal
                 PS- Mehdiganj PO- Jhauganj Patna City District- Patna Bihar

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Kanti Kumari W/o- Ajay Kumar Resident of Ranipur Neemtal Chamartoli,
                 PS- Mehdiganj PO- Jhauganj Patna City District- Patna Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Aryan Sinha, Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   16-04-2026                          Heard learned counsel for the appellants and

                   learned Special Public Prosecutor for the State.

                               2. The present Cr. Appeal (SJ) application has been

                   filed for seeking grant of bail and setting aside the order dated

                   09.10.2025 in A.B.P. No. 3983 of 2025 arising out of Mehdiganj

                   P.S. Case No. 139 of 2025, passed by the Exclusive Special

                   Judge, S.C./S.T. Act, Civil Court, Patna, for the offence

                   punishable under Sections 126(2), 115(2), 74, 352, 351(2),

                   351(3) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter

                   referred to as “BNS, 2023”) and under Sections 3(1) (r), 3(1) (s)

                   & 3(1) (w) of the SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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                       3. As per the prosecution, the informant has made an

          allegation that at 07:30 all the accused persons molested and

          assaulted her and further threatened to assault and rape her by

          disrobing her and kill her. The accused persons also pelted

          stones and threatened to kill both of her sons. It has further been

          alleged that both of the accused persons treated her barbarically.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have committed no offence. Counsel

          submits that the appellants have been falsely implicated in the

          present case, as no such incident took place. Counsel further

          submits that the sons of the informant have a criminal

          background and had demanded unlawful monetary payment

          from the appellants, and upon their refusal, the present criminal

          case has been lodged only to exert pressure and settle personal

          scores.

                       5. Counsel further submits that upon a bare reading of

          the FIR, it is clear that the specific time of occurrence has not

          been mentioned, i.e., whether 07:30 refers to morning or

          evening. Counsel further submits that there are no ingredients of

          Sections 3(1)(r), 3(1)(s) and 3(1)(w)(i) of the SC/ST Act.

          Counsel further submits that it is nowhere mentioned in the FIR

          as to which of the accused persons allegedly molested or
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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          assaulted the informant, or asked her to remove her clothes with

          an intent to commit rape, or threatened to rape her by disrobing

          her.

                       6. Counsel further submits that for completion of the

          offence under Section 3(1)(w)(i) of the SC/ST Act, it is

          necessary that the accused must have knowledge that the

          woman belongs to a Scheduled Caste and acted with such

          knowledge, which is lacking in the FIR. Counsel further submits

          that for the applicability of Sections 3(1)(r) and 3(1)(s) of the

          SC/ST Act, occurrence in a public place is essential, which is

          also lacking in the present case. Counsel further submits that

          both parties are residents of the same village, and although the

          occurrence is alleged to have taken place on 16.08.2025, the

          FIR has been lodged on 17.08.2025, without any plausible

          explanation.

                       7. Learned Special Public Prosecutor for the State

          opposes the prayer for bail of the appellants and submits that

          although Sections 3(1)(r) and 3(1)(s) of the S.C./S.T. Act are not

          attracted, Section 3(1)(w)(i) of the SC/ST Act is made out, as

          there is an allegation of molestation.

                       8. Upon perusal of Section 3(1) (w) (i) of the SC/ST

          Act, it transpires to this Court that intentionally touches a
Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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          woman belonging to a Scheduled Caste or a Scheduled Tribe,

          knowing that she belongs to a Scheduled Caste or a Scheduled

          Tribe, and this knowledge is one of the most important

          ingredients for completion of the said offence.

                       9. In the present facts and circumstances of this case,

          let the appellants named above be granted bail, on furnishing

          bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of Exclusive Special Judge, S.C./S.T. Act, Civil

          Court, Patna, in connection with A.B.P. No. 3983 of 2025

          arising out of Mehdiganj P.S. Case No. 139 of 2025, subject to

          the conditions as laid down U/s 480(3) of the B.N.S.S., 2023

          with other following conditions:-

                                                (i) one of the bailor should be the
                                   family member of the appellants who shall
                                   provide official document to show his bona
                                   fide;
                                                (ii) the appellants shall appear on
                                   each and every date before the Trial Court
                                   and failure to do so for two consecutive
                                   dates without plausible reason will entail
                                   cancellation of his bail bonds by the Trial
                                   Court itself;
                       10. Accordingly, the order dated 09.10.2025 in A.B.P.

          No. 3983 of 2025 arising out of Mehdiganj P.S. Case No. 139 of
          Patna High Court CR. APP (SJ) No.4709 of 2025(4) dt.16-04-2026
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                    2025, passed by the Exclusive Special Judge, S.C./S.T. Act,

                    Civil Court, Patna, is hereby set aside, and the present

                    anticipatory bail application stands allowed.



                                                                           (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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